Connor v. Schildt
Superior Court of Pennsylvania
Appeal, No. 75, Oct. T., 1900, by Jobn E. Rafferty, from order of C. P. No. 2, Phila. Co., Sept. T., 1899, No. 59, making absolute a rule for judgment for want of a sufficient affidavit of defense, in case of Patrick Connor v. Charles Schildt, with notice to John E. Rafferty, terre-tenant. Assumpsit to recover a semiannual payment of a ground rent reserved in a deed.
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Appeal, No. 75, Oct. T., 1900, by Jobn E. Rafferty, from order of C. P. No. 2, Phila. Co., Sept. T., 1899, No. 59, making absolute a rule for judgment for want of a sufficient affidavit of defense, in case of Patrick Connor v. Charles Schildt, with notice to John E. Rafferty, terre-tenant. Assumpsit to recover a semiannual payment of a ground rent reserved in a deed. From the record it appeared that the rent was reserved in the deed by Patrick Connor and wife to Charles Schildt, dated September 25, 1896. John E. Rafferty, terre-tenant, filed an affidavit of defense which was as follows : On…
1Opinion of the Court
Opinion by
Orlady, J.,
This action of assumpsit is to recover a semiannual payment of a ground rent reserved in a deed.^ Charles Schildt was not served, and it is not necessary to pass on the effect of the judgment entered against him since he was not in the court below and therefore his rights are not before us on this appeal. Rafferty was served as a terre-tenant and filed an affidavit of defense in which he alleges that the plaintiff, being the owner of a ground rent of $60.00 per annum on a lot of ground, agreed with Charles Schildt, who was the owner of the lot, for the better securing of…
2Cases cited1 opinion
- Leibert v. HeitzSupreme Court of Pennsylvania · 1899